From and after the passage of this chapter, the following regulations
shall be in full force and effect. The provisions of this chapter
shall be held to be the minimum requirements for the protection of
the health, safety and welfare of the people at large and to be designed
to encourage the establishment and maintenance of reasonable community
standards of physical environment.

The purpose of this chapter is to provide minimum standards
to safeguard persons and property, to protect and to promote the public
welfare, by preventing erosion, hazardous rock and soil slippage,
sedimentation and other soil and water management problems and by
regulating and controlling the design, construction, quality of materials,
use, location and maintenance of grading, excavation and fill.

No person shall construct, enlarge, alter or repair any grading,
excavation or fill except in full compliance with all the provisions
of this chapter and after the lawful issuance of all permits required
by this chapter.

Neither the issuance of a permit under the provisions of this
chapter, nor compliance with its provisions, nor conformance with
conditions required by any such permit shall relieve any person from
liability for damage resulting from grading, nor attach any liability
upon the Township for damages to persons or property.

A professional engineer, surveyor, landscape architect, or
architect. In this context, the term "professional" shall mean that
an individual is qualified within the laws of the Commonwealth of
Pennsylvania.

Soil material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity or ice and has come to rest on the earth's
surface either above or below water level.

The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text soil survey maps and
interpretations for development areas in Allegheny County, Pennsylvania,
as prepared by the USDA Natural Resources Conservation Service et
al.

A grading permit must be obtained for new grading, excavations
and fills, and changes, additions or alterations made to existing
excavations or fills shall conform to the provisions of this chapter.
A separate grading permit shall be required for each site, unless
the site is included in a plan previously approved by the Township
Board of Commissioners.

A complete application, as provided by the Township, for a grading
permit shall be filed with the Township Secretary and shall be accompanied
by a fee established by resolution of the Board of Commissioners to
cover the cost of review and administration.

Where any natural watercourse which is under the jurisdiction of
the Pennsylvania Department of Environmental Protection, Division
of Dams and Encroachments, may be affected by proposed excavations
or fills along the banks of the watercourse or any culvert or bridge
or by a change in direction, or by adjacent construction, the applicant
must present, as a part of this application, the permit and the letter
of comment from the Department of Environmental Protection, Division
of Dams and Encroachments.

A complete application shall be deemed approved if a permit is not
issued or denied within 60 days from the date the application is submitted,
unless an extension is mutually agreed upon. The date of submission
shall be indicated by the signature of the Township Secretary on the
application.

The application shall include not less than three copies of
a grading plan to show how resulting erosion and sediment shall be
controlled. The proposed grading plan shall be in accordance with
standard engineering practices to clearly indicate the following:

The location and description of existing and known man-made features
of importance to the proposed development, including, among others,
distance to road intersections, structures, roads, utilities, excavations,
fills and watercourses.

A topographic map showing existing and proposed contours after completion
of grading, at two-foot intervals where the average slope is 10% or
less and at five-foot intervals where the average slope exceeds 10%.
The map will show drainage and soil conditions. Soil conditions shall
be from collected field data.

Upon approval of the Township Board of Commissioners through the
appeal process, the requirements for preparation of plans by an engineer
may be waived where it has been determined by the Township Engineer
that the proposed work is simple, clearly shown on the drawings submitted
and poses no potential nuisance or hazard to adjacent property.

When it is evident to the Township Engineer that the grading
will affect the drainage on adjoining property(ies) or natural watercourses
traversing the site, the applicant shall submit a detailed drainage
study prepared by an engineer.

Where applicable, the drainage study shall show, on a map of the
site, the location, pertinent elevations and dimensions of all present
and proposed watercourses and drainage structures; proposed areas
of excavations and fills, woodlands, structures, parking areas and
driveways; source, storage and disposition of water channeled through
or across the site; all proposed grading and drainage.

Adequate stormwater retention facilities shall be provided to ensure
that stormwater runoff after grading shall not be greater than the
runoff which would occur from the site in its natural state during
a storm with a twenty-five-year probability.

The provisions of this section shall apply only in cases where grading is to occur without site development. Whenever site development is proposed, the requirements of Article IV of Chapter 350, Subdivision and Land Development, of the Code of the Township of Aleppo shall apply. The requirements of Article IV of Chapter 350, Subdivision and Land Development, may supplement the provisions of this section.

Fills toeing out on natural slopes steeper than 25% shall not be
approved unless a supplemental report prepared by an engineer certifies
that he has investigated, tested and analyzed the site, and that such
steeper slopes will safely support the proposed fill.

Before issuance of a grading permit, the applicant shall post
a Pennsylvania-approved corporate surety or other approved security
in the amount of 30% of the established cost of the grading work and
erosion control facilities proposed for the permit to guarantee completion
of said work and facilities in a manner which meets the requirements
of this chapter.

In lieu of posting a bond for single-family residences, a grading
permit may be issued with the understanding that all grading shall
be completed within nine months from the date of issuance of an occupancy
permit.

When the requirements of this chapter for obtaining a grading
permit have been met, the Township shall approve the proposed plan
for the issuance of a grading permit. When, in the opinion of the
Township Engineer, work proposed by the applicant is likely to endanger
any property, person, public roadway, or cause any other hazardous
conditions, the Township shall show cause and disapprove the application
for issuance of the grading permit.

A grading permit shall become null and void if the work authorized
has not been commenced within six months or if not completed within
one year from the date of the commencement of work. Upon written request,
at least 30 days prior to the expiration date, an extension of six
months may be granted by the Board of Commissioners.

Appeals may be taken to the Board of Commissioners within 30
days of any denial by the Zoning Officer. The Board of Commissioners
may grant relief from the strict provisions of this chapter where,
in its opinion, alternate methods, standards or materials proposed
by the developer will meet the objectives and intent of this chapter.
Any applicant or permit holder shall have the right to appeal decisions
of the Board of Commissioners to any court of competent jurisdiction.

A grading plan shall be submitted with all applications for a grading
permit. The applicant shall remit to the Township an inspection fee
for the performance of inspections of the work contemplated by the
approved grading plan, in an amount specified by the Township in accordance
with a schedule of fees established and adopted by the Board of Commissioners.

Fee schedule. The Board of Township Commissioners shall determine
a schedule of fees, charges, and expenses, as well as a collection
procedure for permits, inspections, and other matters pertaining to
this chapter. Said schedule of fees shall be posted in the offices
of the Township Secretary. The Board of Commissioners may alter the
fee schedule from time to time by resolution adopted at any public
meeting of the Board.

In addition to the above, all fill and cut operations shall follow
the "Soil & Sedimentation Control Manual," as issued by the Commonwealth
of Pennsylvania Department of Environmental Protection and adopted
by Allegheny County.

The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than two horizontal to one vertical, and
a written statement to that effect by a professional engineer experienced
in geological sciences and erosion control is submitted and approved.
The statement shall state that the site has been inspected, and that
the deviation from the slope specified above will not create increased
risk or injury to persons or damage to adjacent property, or receiving
streams, from erosion and sedimentation.

No grading, excavation or earth disturbance shall cause a danger
or damage any adjoining street or any other public or private property
without supporting such property from settling, cracking, erosion,
sedimentation, flooding or any other physical damage or personal injury
which might result. The top or bottom edge of final slopes shall be
set back a minimum of three feet from adjacent property lines and
street right-of-way lines in order to permit the normal rounding of
the edge without encroaching on the abutting property and to allow
for location of property drainage and protective devices. This is
not to preclude grading operations to the boundary lines where the
adjacent landowner has given written consent.

Adequate provisions shall be incorporated to prevent erosion due
to storm drainage. All drainage facilities shall be properly engineered
and may be paved or planted swales and gutters and piped storm sewers.
All storm drainage facilities will be reviewed and approved by the
Township.

All fills shall be compacted in layers not to exceed 12 inches. Only
clean fill absent of waste shall be permitted as fill material. Any
proposed building site where a fill operation has been conducted shall
be tested and certified by an engineer to ensure that its dry density
shall not be less than 95% of maximum density as determined by the
ASTM D1556.

Immediately upon completion of final grading, all disturbed areas
not designated for building, paving, or decorative landscaping shall
be mulched and planted or protected. Planting shall be appropriate
to protect slopes from erosion. In general, planting may be rye grass,
crown vetch, or a fescue mix.

Where the Board of Commissioners has determined that any existing
evacuation, embankment or fill is a hazard, the Township shall give
written notice to the property owner that a hazard exists and shall
order that such hazard shall be remedied by the owner within a reasonable
time specified in the notice.

If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the Board of Commissioners
may cause such remedies as are needed to be performed by Township
employees or by contract, and the cost thereof shall be borne by the
property owner by a lien filed as provided by law.

Whenever the Board of Commissioners determines that any proposed
excavation or fill is a hazard, it may require that the property owner
have any proposed remedies certified by an engineer or an engineering
geologist.

The applicant shall give written notice to the Township of the
schedule of the grading operation. Written notice shall be received
by the Township at least two working days before the start of grading
operations and upon its completion.

Grading work at any time will be subject to spot inspections at the
discretion of the Township Zoning Officer, to determine that the work
is being performed in compliance with the approved permit and this
chapter.

A final inspection shall be conducted by the Township to certify
compliance with this chapter within 30 days after receipt of written
request. Satisfactory compliance with this chapter shall be necessary
before complete release of the posted surety. If said final inspection
is not completed by the Township within the specified 30 days, satisfactory
compliance with this chapter shall be deemed approved, and the Township
will release the posted surety.

All graded surfaces, anti-erosion devices, retaining walls, drainage
structures and similar protective devices, planting and ground covers
installed on private property pursuant to a grading permit shall be
continuously maintained and kept in good repair by the owner.

Whenever the Township Zoning Officer determines that grading
on a site is proceeding in violation of any provision of this chapter,
all work at the site shall immediately stop upon issuance of a stop-work
order. The stop-work order shall be presented in writing to the property
owner, the owner's agent, or the person performing the work at
the site. The stop-work order shall include a description of the conditions
under which work may be resumed.

If it is found that any provision of this chapter is violated, the property owner shall be notified in writing of the violation(s) and the necessary action to correct the violation within a specified period of time. If the necessary corrective action is not completed within the specified period of time, the property owner will be notified of the Township's intent to institute legal proceedings as per Subsection B.

Any person, partnership or corporation who or which shall violate
the provisions of this chapter shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than $500.
In default of payment of the fine, such person, the members of such
partnership or the officers of such corporation shall be liable to
imprisonment for not more than 60 days. Each day that a violation
is continued shall constitute a separate offense. All fines collected
for the violation of this chapter shall be paid to the Township of
Aleppo.